Sanjay Batham vs The State Of Madhya Pradesh
2021 Latest Caselaw 7766 MP

                                            1

 THE HIGH COURT OF JUDICATURE FOR MADHYA PRADESH,
                    AT JABALPUR

                             (DIVISION BENCH)
                              W.A. No. 718/2021

      Sanjay Batham                                              ...Appellant
                                      Versus

      State of Madhya Pradesh and others                         ...Respondents
      ---------------------------------------------------------------------------------
      Coram :
              Hon'ble Mr. Justice Ravi Malimath, Chief Justice.
              Hon'ble Mr. Justice Vijay Kumar Shukla, Judge.
      ---------------------------------------------------------------------------------
      Presence :
              Shri Brijesh Choubey, learned counsel for the appellant.
              Shri Anuj Agrawal, learned Government Advocate for the
              respondents/State.
      ---------------------------------------------------------------------------------

                               JUDGMENT

(24/11/2021)

Per : V.K. Shukla, J.

The present intra court appeal has been filed under Section 2(1) of

Madhya Pradesh Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal)

Adhiniyam, 2005, being aggrieved by the order dated 19-07-2021 passed

in W.P.No.10252/2021,whereby the writ petition filed by the

appellant/writ petitioner has been dismissed.

2. The appellant has challenged the order of transfer dated 03-04-

2021 by which according to him he has been transferred from the

office of Assistant Director, Fisheries to Directorate, Fisheries, Bhopal.

The order has been challenged on the ground of malafide alleging that

the same has been issued at the instance of local representative.

3. Learned counsel for the State submitted that the transfer order has

been issued on administrative exigency and by the impugned order the

appellant has been shifted from one office to another office within the

same headquarter. It is further submitted that the appellant has been

posted in the office of Assistant Director, Fisheries, Bhopal for last 10

years.

4. The learned Single Judge has considered that the order is an

order of local shifting without change of the headquarter and the

appellant has remained in the present office for about 10 years. The

transfer order has been issued on administrative exigency. Even

otherwise, the order can also be passed at the instance of local

representative by administrative authority in exigency of administration.

5. In view of the aforesaid, we do not find any error in the order

passed by the learned Single Judge dismissing the writ petition.

Accordingly, the writ appeal is dismissed.

Pending interlocutory application(s), if any, is also disposed off.

      (RAVI MALIMATH)                        (VIJAY KUMAR SHUKLA)
        CHIEF JUSTICE                                JUDGE

hsp

                 Digitally signed by
                 HARSAHAI PATERIYA
                 Date: 2021.11.30
                 17:16:38 +05'30'